What is the role of the Court of Appeal in determining whether a decision-maker can be bypassed?
Canada (Federal), Canada
The following excerpt is from Gomez v. Canada (Attorney General), 2021 FC 1300 (CanLII):
The Court of Appeal emphasized the importance of not bypassing the administrative decision-maker, noting at para 45: If administrative decision-makers could be bypassed on issues such as this, those appreciations, insights and understandings would never be placed before the reviewing court. In constitutional matters, this is most serious. Constitutional issues should only be decided on the basis of a full, rich factual record: Mackay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357 at pages 361-363. Within an important regulatory sector such as this, a record is neither full nor rich if the insights of the regulator are missing.
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